Ability Forum

kodakkal

Rights of the Disabled

The NHRC is deeply concerned about the fact that people with disabilities face various forms of discrimination, social exclusion and marginalization. The Commission has therefore taken several initiatives to protect the rights of the disabled. Notably, the NHRC has been redressing individual complaints from NGOs and others; the Commission reviewed relevant legislations and made recommendations for improvements thereon; it has successfully championed the need to enumerate the disabled in Census 2001. It has made recommendations
to both Union Ministers and Chief Ministers of all States and Union territories requesting them to evolve a State Disability Policy and Plan of Action, to provide social security, employment opportunities, rehabilitation, and barrier-free infrastructure to benefit the disabled. In addition, the Commission has been taking steps to spread awareness of the rights of the disabled through publications, besides undertaking research studies. The Commission has been advocating the need for a Comprehensive and Integral International Convention on the
Protection and Promotion of the Rights of Persons with Disabilities.

_________________
KODAKKAL SHIVAPRASAD,FUWAI,
Award Winner & Record Holder-International Biographical NOte.
PRO- www.disabilityindia.org/legalaid.cfm#1
Web:http://www.kodakkal.ning.com
http://www.giveindia.org/m-890-society-for-child-development.aspx

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JAGDISHNM · Newbie Joined: 16 May 2007 Posts: 11 Location: MUMBAI

DEAR FRIENDS,
THIS ALL IS AN EYE WASH BY BUROCRATS & POLITICIANS.
THE LIVE MATTER ABOUT THE PREVENTION OF MOBILITY OF DISABLED BY MoSRT&H IS PENDING WITH NHRC FOR OVER LAST 2 YEARS. I AM POSTING THE RELEVANT PORTION OF MY LAST REJOIDER TO THE PENDING CASE WITH NHRC JUST FOR INFORMATION.
REGARDS

                              22nd September. 2008.
The Deputy Registrar (LAW),
NATIONAL HUMAN RIGHTS COMMISSION
Faridkot House,  Copernicus Marg,
New Delhi-110001.

Respected Sirs,
Re. – Second Rejoinder  Application to Case No. 1733/13/2006-2007/OC
A/C - Blanket  Ban on Registration of Vehicles used by Disabled from 2003.

     This acknowledges with thanks for receipt of your letter No. 16(1)/PIO/2005(RTI)/ 633 dt. 18/9/08 in response to my RTI application. After perusing the contents of letters dt. 14/11/07 & 28/5/08 of Ministry of Road Transportation & Highways, I have to present the following additional facts before the NHRC for this case involving disabled class of entire India;
•     In letter No. RT-11016/5/2007-MVL dated 14/11/07, the MoSRT&H itself has confirmed about their action & subsequent inaction leading to denial of registration for vehicles used by disabled for last few years & not just that but also the problem is still not addressed.
•     Even in stated amendment to M.V. Act in 2007, this issue is ignored by MoSRT&H despite affected disabled like me following up the matter for last few years.
•     As per first paragraph the MoSRT&H has questioned the Safety aspects, for this NHRC may kindly ask them to produce supporting data establishing adverse accident / safety records of the currently used invalid carriages. In this regard, though under public knowledge, despite adverse safety records for Trucks, Tankers & Buses, why their body building & other alterations are allowed without any similar Prototype approval ?
•     In letter No. RT-11021/13/2008-MVL dated 28/5/08, the MoSRT&H has indicated that complaint stands resolved. NHRC may kindly note that State Govt. has given specific conditional permission to 6 individual disabled & hence, this case involving all disabled across India may be suitably decided for welfare of all present & future sufferers in different states.
•     The  reply No. MVR-0108/364/TRA-2 dated 18/6/08 of Govt. of Maharashtra also establishes the inaction of MoSRT&H on this matter ( though M.S. was first to put this ban without consulting anyone ).
•     As regards proposed Kit Approval system being finalized by MoSRT&H, the same is commercially & physically non viable for compliance across entire India. I have raised strong & valid objections for this with the Ministry through my attached representation dated 7/9/07, which establishes their action being bad at law. The NHRC may kindly peruse the contents of attached letter & then suitably deal with the case further.

     On behalf of all affected, I request NHRC for early justice by directing the MoSRT&H to continue the old ( pre 2002 ) practice for registration of Invalid Carriages as that system has worked to the satisfaction of all. Further, the officials who are responsible for harassing disabled for over 6 years also may suitably punished by NHRC.

          Thanking you in anticipation of early & favorable action.
                                             Yours,

kodakkal · Posted: Tue Dec 09, 2008 7:14 pm Post subject: Please send details

Dear Jagadishan,

Please write to me about NHRC is ignorance in your case with all scanned documents as your present statements did not give clean chit for review, i will inquiry about any delay caused by them. Be confidence with the law & it's well beings.

with regards,